ML20097J412
| ML20097J412 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 09/17/1984 |
| From: | Irving S, Pierce J JOINT INTERVENORS - RIVER BEND |
| To: | GULF STATES UTILITIES CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| OL, NUDOCS 8409210235 | |
| Download: ML20097J412 (25) | |
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UMTTED STATES OF AMERICA NUCLFAR REGULATORY COMMISSION ,,
BEFORI THE ATOMIC SAFETY AND LICENSING BOARD is nt> _ .
, ti-In the Matter of BANUi GULF STATES UTILITIES CO., Docket Nos. 50-458 et. al. 50-459 GS[-
(River Bend Station,-Units 1 & 2)
RESPONSE OF JOINT INTERVENORS TO PROP,OSED FINDINGS OF FACT AND CONCLySIONS OF LAW SUBMITTED BY APPLICANT AND NRC STAFF Stephen M. Irving James-W. Pierce Counsel for Joint Intervenors September 17, 1984
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8409210235 840917 PDR ADOCK 05000458 G PDR ,
i Table of[ Contents _
- l. JOINT INTERVENORS' RESPONSE TO APPLICANTS' FINDINGS OF FACT, CONTENTION 1........................ 1
- 2. JOINT INTERVENORS' RESPONSE TO APPLICANTS' CONCLUSIONS OF LAW, CONTENTION 1...................... 9
- 3. JOINT INTERVENORS' RESPONSE TO APPLICANTS' FINDINGS OF FACT, CONTENTION 2....................... 10
- 4. JOINT INTERVENORS' RESPONSE TO APPLICANTS' CONCLUSIONS OF LAW, CONTENTION 2..................... 16
- 5. JOINT INTERVENORS' RESPONSE TO NRC STAFF'S' INITIAL FINDINGS OF FACT............................. 17
- 6. JOINT INTERVENORS' RESPONSE TO NRC STAFF'S FINDINGS OF FACT, CONTENTION 1....................... 17
- 7. JOINT INTERVENORS' RESPONSE TO NRC STAFF'S FIUDINGS OF FACT, CONTENTION 2....................... 19 8.- JOINT I TERVENORS' RESPONSE TO NRC STAFF'S CONCLUSIONS OF LAW................................... 20 i
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'. September 17, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AMD LICENSING BOARD In the Matter of GULF. STATES UTILITIES CO., Docket Nos. 50-458 et. al. 50-459
'(River Bend Station, Units 1 & 2)
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RESPONSE OF JOINT INTERVENORS TO PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
- SUBMITTED BY APPLICANT AND NRC STAFF The Joint Intervenoils respond as follows to the proposed findings of- fact and conclusions of law submitted by applicants:
CONTENTION II ASIATIC CLAMS FINDINGS OE[ FACT 1.
~
Admitted.
2.
Admitted.
3.
l-Admitted.
4.
Admitted.
5.
Admitted.
6.
-h.
1
l Denied as t)e statement is--not a fact.
7.
Admitted.
8.
Admitted.
.g;..
~ Admitted .
10.
Denied as the statement is not a fact.
-- 11.
Admitted. -
. 12.
Admitted.
13.
Admitted.
14.
Admitted.
15.
Admitted.
-16.
Admittea.
17.
- Admitted. -
'18.
Admitted.
19.
Admitted.
I 2
11
- c. -
q
~, 20.
Admitted.
21.
A'dmitted.
22.
Admitted.-
- 23. -
Admitted.
24.
-Admitted.
25.
Admitted.
26.
, Admitted. *
- 27. -
Admitited .
28.
Admitted.
29.
' Admitted.
30.
' Admitted..
31.
Denied as -the statement is too general and not subject to definition as to where this occurred.
32.
Admitted.
d-:
33.
3 u . -,. - - . - . - , - - - - . -.
n-Admitted.- ,
34.
Denied as it does not define " extremely low numbers".
35.
Admitted.
36.
Denied as it does- not define *quite low", nor does it. define the period in question.
1 37.
Admitted. j 38.
Admitted.
. 39.
Denied as the statement is not a fact. -
40.
Denied as the statement is not a fact.
41.
Denied as the statement is not a fact.
42.
Denied as the statement is not a fact.
43.
Denied as the statement is not a fact.
44.
Admitted.
45.
Admitted.
46, 4
t_ ,
r-- .
Admitted. ,
l 47.
Denied as the ' statement is not a fact.
48.
Admitted.
49.
ndmitted.
50.
Admitted.
51.
Denied as tihe, statement is not a fact.
52.
Admit ted.
. 53. .
Admitted. -
54.
Admitted.
- 55. .,
admitted.
56.
Admitted. -
57.
4dmitted.
58.
Denied-as the statement is not a fact.
59.
Admitted.
60.
5
t
' 'l r.
Admitted._ *_' .
,' .' 61.
Admitted..
62.
Denied as the statement is not a fact.
63.
Admitted.
64.
Admitted.
65.
-Denied.
- 66.
Admitted.
- 67. ,
Admitted. .
68.
Aomitted.
69.
Admitted.
70.
Admitted.
71.
Admitted.
72.
Admitted.
73.
Admitted.
6
- ~,"*
74 Admitted.
- 75.
Admitted.
76.
Admitted.
77.
Admitted.
78.
senied.
79.
Adlaitted.
80.
. Admitted.
81.
Admitted.
82.
Admitted.
83.
4dmitted.
84.
Admitted.
. 85.
edmitted.
86.
.tdmitted.
87.
Admitted.
. 7
O er
=
- 88. .
I Admitted.
89.
Admitted.
90.
Admitted.
91.
.Mmi t ted .
92.
trenied.
93.
. Denied. ..s...
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- 94.
Denied.
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Conclusions of Law 1.,
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Denied. Joint Intervenors suggest that conclusion of law number one be revised to read as follows: As proposed the programs of detection and prevention do not provide reasonable assurance that Gulf States Utilities will be effective in controlling biofouling problems by Corbicula.
2.
Denied. Joint Intervenors suggest that conclusion of law number 2 be revised to read as follows: The issuance of an operating license to the applicants for the plant as proposed will be inimical to the common defense and security and the health and safety of the public because it is likely that .
biofotiling b'y corbicula will impede the ef ficient operation of the plant.
3.
Denied. Joint Intervenors suggest that conclusion of law
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number 3 be revised to read as follows: Pursuant to 10 C.F.R.
section 2.7 6 0 a and 10 C.F.R. section 50.57, the Director of Nuclear Reactor Regulation should not be authorized to issue the applicants a license authorizing operation of River Bend Station.
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CONTENTION 22_ OLD RIVER CONTROL STRUdTURE
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FINDINGS OF FACT I-Admitted.
2.
Admitted.
3.
Admitted.
4.
Admitted.
5.
. Admitted.
6.
. Admitted .
7.
Admitted.
8.
Admitted.
9.
Admi t ted .
10.
Admitted.
11.
admitted.
12.
Admi t ted .
13.
Admi tted .
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r-e-
_ , 14 . .
3 Admitted.
15.
Admitted.
M.
Admitted.
17.
, Admitted.
18.
Admitted.
19.
Denied as the statement is not a fact.
- 29.
- Denied as the statement is not a fact.
21.
Admitted.
22.
Admitted.
23.
Admitted.
24.
Admitted. +
25.
Admitted.
26.
Admitted.
27.
11
a*
'i --
?
Admitted. -
28.
3 Denied as the statement is' not a fact.
i!
- 29. -
Denied .as the statement is not a fact.
N.
Admitted.
3 11 .
. Denied as the statement is not a fact.
.32.
~
Admitted.
33.
Admitted.
34.
Admitted.
35.
Admitted.
36.
i Admitted.
37.
Admitted.
38.
Admitted.
39.
Admitted.
48 .
Admitted.
41.
12
aj , , c. -
-- Admitted. .
42.
Admitted.
43.
Admitted.
44.
Admitted.
45.
Admitted.
46.
Admitted.
47.
Ad:Litted. .
- 48. .
~
Admitted.
49.
Denied as the statenent is not a fact.
58.
Admitted.
51.
Admitted.
52.
Admitted. ,
53.
Admitted.
54.
Denied as the statement is not a fact.
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f1 .
's.
~_ 55.
Denied.
.. . - . ~ _
( Admitted.
57.
Denied.
58.
Denied.
59.
Admitted. -
60.
Admitted.
-61.
. Admitted.
- 62.
Admitted.
63.
Admitted.
_ 64.
Admitted.
65.
Denied as the statement does not constitute a fact that can be proved.
66.
Denied as the statement is one of law,. not of fact.
67.
Denied as the statement is not a fact.
68.
14
Denied.
69.
Denied.
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- CONCLUSICiS _OF LAW l.
Denied.
2.
Denied.
3.
Denied.
4.
Denied.
5.
Denied.
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.,6.
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-The - Jo in t Intervenors respond as follows to the proposed findings of fact and conclusions of law submitted by NRC Staff:
-FINDINGS'OF, FACT 1.
Admitted.
2.
Admitted.
CONTENTION h ASIATIC CLAMS 3.
. Admitted. .
- 4. .
Admitted.
5.
Admitted.
6.
Admitted.
7.
~
Admitted.
8.
Admitted.
9.
Admitted.
10.
'Adnitted, 11.
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>.4 'i e.
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Denied as the statement is not a fact. .
- 12. . .
': Admitted.
- 13. _
Admitted.
14.
Admitted.
15.- _
Denied as the statement is not a fact within the knowledge of Joint Intervenors.
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9 CONTENTION 22 OLD RIVER CONTROL STRUCTURE i6.
Admitted.
17.
Admitted.
18.
Admitted. .
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19 . - -
Denied as the statement is not a fact.
25.
Admitted.
. pl.
Admitted.
22.
Admitted.
23.
Admitted.
- 24. -
Admitted. .
- 25. -
Admitted.
26.
Admitted.
27.
Admitted.
28.
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Admitted. .
t 29.
Admitted.
38.
Denied.
31.
Admitted.
- 32. '
Denied.
33.
Denied.
34.
~
Denied. ,
CONCLUSIONS OF LAW A.
Denied.
a.
Denied.
- c. -
Danie[.
D.
Denfed.
Respe Submitted,
/ // v Stdphen M. Irving Counsel for Louisiana Consumers
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.- League, Joint Intervenor t e-Ja W. Pierce unsel for Louisianians for safe Energy, Joint Intervenor Dated-at Baton Rouge, Louisiana, this 17 th day of September, x 1984.
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.,-.a: r UNITED STATES OF AMERICA Lt .-
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NUCLEAR REGULATORY COMMISSION
.C.4 8IT 20 fiH G5 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- Q ;. .1:l m;::c{
In the Matter of DOCKET NOS. 50-458; GULF STATES UTILTIIES CO., 50-459 ET AL-(River Bend Station, Units 1 & 2)
-' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing
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" Response. of Joint Intervenors to Proposed Findings of Fact and
. Conclusions of Law Submitted by Applicant and by NRC Staff" in
.the- above' captioned- proceeding, have been served on the
-following, - b'y deposit in the U.S. ' Mail, first class, postage <
' prepaid, . correctly addressed, to the last known ad ress on this 17th day of. September, 1984 Dr. Richard Cole : William J. Guste, Jr.
Administrative Judge . Attorney-General AtomicLSafety & Licensing State of Louisiana Board Panel 234 Loyola Ave., 7th Floor U.S. NRC New Orleans,.LA 70112 Washington, D.C. 20555 Troy B.. Conner, Jr.
B. Paul Cotter, Jr.,' Chairman Mark J. Wet.terhahn AdministrativefJudge Conner & Wetterhahn Atomic: Saf ety & Licensing Board 1747 Pennsylvania Ave. NW iPane] Suite 1050 U.S. NRC Washington, DC 200006 Wa shi ng ton , D.C. 20555 James E. Booker Mr. Gustave A. Linenberger G.S.U.
Administrative Judge P. O. Box 2951
. Atomic: Safety & Licensing Board Beaumont, TX 77701 Panel U.S. NRC
-Washington, D.C. 20555
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.Ian Douglas Lindsef. Esq.
David.McNeil, Esq.
. Staff Attorneys '
La. Dept. of Justice 7434 Perkins Rd., Suite C
-Baton Rouge,.LA- -70808
'Gretchen'R. Rotschild Louisianians for Safe Engery, Inc.
1659 Glenmore
' Baton Rouge, LA 70808. ,
H. An'ne.Plettinger 712 Carol Marie Dr.
Baton Rouge, LA 70806
- Atomic Safety & Licensing Appeal Board U.S.. Nuclear Re8ulatory Commission Washington, D.C.' 20555
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Docketing &' Service Section Office of the Secretary U.S.' Nuclear Regulatory Commission .
. Washington, DC 20555
-William F. Patterson, Esq.
. Lee.Dewey,-Esq.
Counsel for-NRC Staff
'U.S. NRC
-Washington, D.C. 20555 7 /
s JAMES W 'PIERC5.
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